Legislature(2023 - 2024)BARNES 124

04/25/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

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Audio Topic
08:10:24 AM Start
08:11:37 AM HB99
09:23:47 AM Presentation(s): Investing in Water/sewer Infrastructure in Alaska
10:01:21 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 99 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT. TELECONFERENCED
Moved HB 99 Out of Committee
+ Presentation: Investing in Water/Sewer TELECONFERENCED
Infrastructure in Alaska
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         April 25, 2023                                                                                         
                           8:10 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative CJ McCormick, Chair                                                                                              
Representative Kevin McCabe, Vice Chair                                                                                         
Representative Tom McKay                                                                                                        
Representative Justin Ruffridge                                                                                                 
Representative Rebecca Himschoot                                                                                                
Representative Donna Mears                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Josiah Patkotak                                                                                                  
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Representative Maxine Dibert                                                                                                    
Representative Ashley Carrick                                                                                                   
Representative Jesse Sumner                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 99                                                                                                               
"An Act relating to and prohibiting discrimination based on                                                                     
sexual orientation or gender identity or expression."                                                                           
                                                                                                                                
     - MOVED HB 99 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PRESENTATION(S): INVESTING IN WATER/SEWER INFRASTRUCTURE IN                                                                     
ALASKA                                                                                                                          
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  99                                                                                                                  
SHORT TITLE: DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.                                                                          
SPONSOR(s): REPRESENTATIVE(s) ARMSTRONG                                                                                         
                                                                                                                                
03/08/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/23       (H)       L&C, CRA, JUD                                                                                          
03/15/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/15/23       (H)       <Bill Hearing Canceled>                                                                                
03/17/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/17/23       (H)       Heard & Held                                                                                           
03/17/23       (H)       MINUTE(L&C)                                                                                            
03/20/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/20/23       (H)       Heard & Held                                                                                           
03/20/23       (H)       MINUTE(L&C)                                                                                            
03/27/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/27/23       (H)       Moved HB 99 Out of Committee                                                                           
03/27/23       (H)       MINUTE(L&C)                                                                                            
03/29/23       (H)       L&C RPT 3DP 3NR 1AM                                                                                    
03/29/23       (H)       DP: FIELDS, CARRICK, SUMNER                                                                            
03/29/23       (H)       NR: SADDLER, WRIGHT, RUFFRIDGE                                                                         
03/29/23       (H)       AM: PRAX                                                                                               
04/11/23       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/11/23       (H)       Heard & Held                                                                                           
04/11/23       (H)       MINUTE(CRA)                                                                                            
04/18/23       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/18/23       (H)       Heard & Held                                                                                           
04/18/23       (H)       MINUTE(CRA)                                                                                            
04/25/23       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE JENNIE ARMSTRONG                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, recapped HB 99 and                                                                     
answered questions.                                                                                                             
                                                                                                                                
TRISTAN WALSH Staff                                                                                                             
Representative Jennie Armstrong                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of Representative Armstrong,                                                                   
prime sponsor, answered questions on HB 99.                                                                                     
                                                                                                                                
ROB CORBISIER, Executive Director                                                                                               
Alaska State Commission on Human Rights                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the hearing on HB
99.                                                                                                                             
                                                                                                                                
MARGRET BERGERUD, Legal Counsel                                                                                                 
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
99.                                                                                                                             
                                                                                                                                
RANDY BATES, Director                                                                                                           
Division of Water                                                                                                               
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Introduced  the PowerPoint  presentation on                                                             
the Village Safe Water program.                                                                                                 
                                                                                                                                
CARRIE BOHAN, Facilities Programs Manager                                                                                       
Division of Water                                                                                                               
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented a PowerPoint  presentation on the                                                             
Village Safe Water program.                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:10:24 AM                                                                                                                    
                                                                                                                                
CHAIR  CJ  MCCORMICK  called the  House  Community  and  Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  8:10  a.m.                                                               
Representatives  McKay, Ruffridge,  Mears, McCabe,  and McCormick                                                               
were  present at  the call  to order.   Representative  Himschoot                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
        HB  99-DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.                                                                    
                                                                                                                                
8:11:37 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that the  first order of business would                                                               
be  HOUSE  BILL NO.  99,  "An  Act  relating to  and  prohibiting                                                               
discrimination based on sexual orientation  or gender identity or                                                               
expression."                                                                                                                    
                                                                                                                                
8:12:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JENNIE   ARMSTRONG,  Alaska   State  Legislature,                                                               
recapped  that   HB  99  would   give  lesbian,   gay,  bisexual,                                                               
transgender, and  queer (LGBTQ) individuals the  same protections                                                               
as  all  residents  of  the  state.   This  concerns  the  rights                                                               
guaranteed  by  the  Alaska  State  Commission  on  Human  Rights                                                               
(ASCHR)   in   relation   to  employment,   housing,   financing,                                                               
governmental  practices, and  public accommodation.   She  stated                                                               
that  "sex"  is  already  a   protected  class  in  the  statutes                                                               
governing ASCHR, and the proposed legislation would change this                                                                 
definition to reflect the definition supported by the Supreme                                                                   
Court of the United States.                                                                                                     
                                                                                                                                
8:14:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE moved to adopt Amendment 1 to HB 99,                                                                      
labeled 33-LS0386\B.4, Bergerud, 4/17/23, which read as follows:                                                                
                                                                                                                                
     Page 1, line 1, following "prohibiting":                                                                                 
          Insert "employment"                                                                                                 
                                                                                                                                
     Page 1, line 2, following "expression":                                                                                  
          Insert "; and relating to blockbusting"                                                                             
                                                                                                                                
     Page 1, following line 3:                                                                                                  
          Insert a new bill section to read:                                                                                    
       "* Section 1. AS 18.80.220(d) is amended to read:                                                                      
          (d)  In this section,                                                                                                 
                (1)  "dependent child" means an unmarried                                                                   
           child, including an adopted child, who is                                                                            
           dependent on [upon] a parent for support and who                                                                 
           is                                                                                                                   
                     (A) [EITHER (1)] less than 19 years                                                                    
           old;                                                                                                                 
                     (B) [(2)] less than 23 years old and                                                                   
           registered at and attending  on a full-time basis                                                                    
           an    accredited    educational   or    technical                                                                    
           institution  recognized  by   the  Department  of                                                                    
           Education and Early Development; or                                                                                  
                     (C) [(3)] of any age and totally and                                                                   
           permanently disabled;                                                                                            
                (2)  "sex" includes sexual orientation and                                                                
           gender identity or expression."                                                                                  
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 2, line 8:                                                                                                            
          Delete "includes"                                                                                                     
          Insert "does not include"                                                                                             
                                                                                                                                
REPRESENTATIVE MEARS objected.                                                                                                  
                                                                                                                                
8:17:32 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:17 a.m. to 8:44 a.m.                                                                       
                                                                                                                                
8:44:00 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK  announced that the  meeting was back  on record.                                                               
He stated  that because of  technical difficulties  the committee                                                               
meeting was relocated to room 106.                                                                                              
                                                                                                                                
8:44:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE,  addressing Amendment  1, stated  that the                                                               
bill sponsor  has made a very  good argument for the  need for HB
99  based on  Bostock v.  Clayton  County, 590  U.S. 644  (2020).                                                             
After reviewing the case, he  expressed the opinion that the case                                                               
had been decided under a careful  and narrow scope, and it should                                                               
not  go beyond  Title 7  to  other federal  and state  laws.   He                                                               
related  that  the decision  did  not  address bathrooms,  locker                                                               
rooms, or anything similar.   He expressed the understanding that                                                               
Bostock   v.   Clayton   County  was   specific   to   employment                                                             
discrimination  only.   He  explained  that  this matter  is  not                                                               
settled and  still evolving  in the courts,  and he  advised that                                                               
there should be a clearer  understanding of the law before making                                                               
"such  sweeping legislation."    He  cited a  case  in Texas  and                                                               
advised  that  the  proposed  legislation   be  tailored  by  the                                                               
amendment to only deal with the question of employment.                                                                         
                                                                                                                                
8:47:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    ARMSTRONG    expressed   the    opinion    that                                                               
discrimination is happening everywhere.   She stressed that it is                                                               
affecting  active-duty  service  members,   and  Alaska  has  the                                                               
highest  number  of  veterans  per   capita.    She  argued  that                                                               
discrimination  is  affecting the  state's  economy,  and if  the                                                               
state  wants more  businesses, these  businesses  need to  ensure                                                               
their employees  equal protection.   She suggested that  what the                                                               
proposed  legislation would  do  is  not new  or  dramatic.   She                                                               
reiterated  that ASCHR  has  taken  on these  cases  in the  past                                                               
without incident,  and this would  simply go  back to that.   She                                                               
argued that it is the job  of the state to protect its residents,                                                               
not the job of the  federal government.  She expressed opposition                                                               
to Amendment 1.                                                                                                                 
                                                                                                                                
8:49:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE declared  a  conflict  of interest  and                                                               
requested to be recused from the conversation.                                                                                  
                                                                                                                                
CHAIR MCCORMICK objected to the  request.  There being no further                                                               
objections, the request was denied.                                                                                             
                                                                                                                                
8:49:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE questioned why  the proposed legislation is                                                               
limited  to  gender  identity  and expression,  as  it  could  be                                                               
expanded  to political  expression,  for example.   He  suggested                                                               
that this  is "a hidden way  of getting your definition  in there                                                               
by putting it into blockbusting, which is a real estate issue."                                                                 
                                                                                                                                
REPRESENTATIVE ARMSTRONG deferred the question.                                                                                 
                                                                                                                                
8:50:50 AM                                                                                                                    
                                                                                                                                
ROB  CORBISIER, Executive  Director, Alaska  Commission on  Human                                                               
Rights, stated  that political affiliation  is a  protected class                                                               
in some jurisdictions; however, it is not in Alaska.                                                                            
                                                                                                                                
REPRESENTATIVE  MCCABE pointed  out  that he  had said  political                                                               
"expression"  and not  political  "affiliation."   He voiced  the                                                               
understanding that the sponsor had  said that "sexual expression"                                                               
was  an  outward  expression  of identity.    He  reiterated  his                                                               
question concerning  political expression, and he  opined that if                                                               
the legislation is "all inclusive" this should be included.                                                                     
                                                                                                                                
8:52:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG responded that  she identifies as LGBTQ,                                                               
and this is why she is  bringing the bill forward.  She continued                                                               
that  she  has not  heard  of  any incidences  of  discrimination                                                               
because of political expression;  however, there are many stories                                                               
of discrimination  of individuals  in the  LGBTQ community.   She                                                               
voiced that there  are 13,000 LGBTQ individuals in  the state who                                                               
"feel fear."   She  argued the economic  impacts and  stated that                                                               
she supports equal protection for  everyone.  She stated that the                                                               
proposed legislation  is not adding  a protected class,  but only                                                               
redefining "sex" in relation to this.                                                                                           
                                                                                                                                
REPRESENTATIVE MCCABE,  in a follow-up question,  pointed out the                                                               
many types of protections in the  law.  He argued that this would                                                               
add "gender  identity and expression"  to the law;  therefore, it                                                               
would  be a  perfect place  to  add "political  expression."   He                                                               
stated  that   he  has  heard   many  stories  of   people  being                                                               
discriminated against for their political beliefs.                                                                              
                                                                                                                                
REPRESENTATIVE  ARMSTRONG, for  the  record,  clarified that  the                                                               
proposed  legislation  would  not  be adding  new  words  to  the                                                               
statute.  She  stated that "gender identity  and expression" will                                                               
not  be in  the  statute,  as the  proposed  legislation is  only                                                               
changing the  definition of  "sex."   She stated  that "political                                                               
expression" does not currently fall under this definition.                                                                      
                                                                                                                                
REPRESENTATIVE MCCABE pointed  out that on page 2, line  3 of the                                                               
bill, it relates that new  paragraphs are added, and he expressed                                                               
concern over line 19.                                                                                                           
                                                                                                                                
8:56:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  questioned whether  Legislative  Legal                                                               
Services could  be consulted  on the matter.   She  observed that                                                               
the political  protections being  referenced are under  the First                                                               
Amendment  to  the  Constitution  of  the  United  States.    She                                                               
expressed  the  understanding  that  the  conversation  is  about                                                               
protected classes, which is different than free speech.                                                                         
                                                                                                                                
8:57:49 AM                                                                                                                    
                                                                                                                                
MARGARET  BERGERUD, Legal  Counsel,  Legislative Legal  Services,                                                               
Legislative Affairs  Agency, responded  that the  First Amendment                                                               
protects   political  expression   in  regard   to  actions   the                                                               
government may take.  She  continued that the Alaska Human Rights                                                               
Act, which would be amended  by the proposed legislation, extends                                                               
protections  past   the  government  to  private   actors.    She                                                               
suggested  that individuals  could be  discriminated against  for                                                               
political expression under the Alaska Human Rights Act.                                                                         
                                                                                                                                
8:59:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  questioned  why the  state  would  not                                                               
protect these classes in the proposed legislation.                                                                              
                                                                                                                                
REPRESENTATIVE MCCABE responded the bill  does not go far enough.                                                               
He concurred  with Ms. Bergerud,  that the First  Amendment would                                                               
only protect in regards to the  government.  He continued that if                                                               
gender  expression   is  protected   in  a  private   place,  all                                                               
expressions should be included.                                                                                                 
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT questioned  whether  [the Alaska  Human                                                               
Rights Act and] ASCHR would protect political expression.                                                                       
                                                                                                                                
MS.  BERGERUD responded  that ASCHR  does  not protect  political                                                               
affiliation.     She   stated  that   it  focuses   on  immutable                                                               
characteristics.                                                                                                                
                                                                                                                                
REPRESENTATIVE     HIMSCHOOT     commented     that     immutable                                                               
characteristics  and political  expression  are clearly  distinct                                                               
from  one another.    She expressed  opposition  to the  proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
9:01:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY  expressed support  for  Amendment  1.   He                                                               
expressed the  opinion that HB  99 would only protect  "going one                                                               
way."   He questioned who  would protect his granddaughters  in a                                                               
locker room when a male  transitioning into a female undressed in                                                               
the locker  room.  He  pointed out that  the word "sex"  would be                                                               
redefined,  and he  argued  that "we  are not  God  ... and  just                                                               
because a  man puts on a  dress does not  make him a woman."   He                                                               
continued that  Amendment 1  would help the  bill "survive."   He                                                               
expressed the  opinion that by  protecting one class,  the entire                                                               
society would be exposed.                                                                                                       
                                                                                                                                
REPRESENTATIVE ARMSTRONG responded that  the majority of violence                                                               
in  the country  is perpetrated  by straight  men, not  the LGBTQ                                                               
community.  As she identifies  as LGBTQ, she expressed resentment                                                               
that this community  is portrayed as predators.   She argued that                                                               
children  in Anchorage  are  not affected,  as  they are  already                                                               
living under  these regulations,  along with  half of  the state.                                                               
She stated  that "God  made me too  and I am  not trying  to play                                                               
God," rather  she is doing  her job as a  legislator representing                                                               
the people in Alaska.                                                                                                           
                                                                                                                                
9:04:50 AM                                                                                                                    
                                                                                                                                
TRISTAN  WALSH  Staff,  Representative Jennie  Armstrong,  Alaska                                                               
State Legislature,  commented that  when the definition  of "sex"                                                               
is examined  in the  statute, it is  defined to  include language                                                               
which is  in Bostock  v. Clayton  County; and  the intent  of the                                                             
proposed legislation [is to include this language].                                                                             
                                                                                                                                
REPRESENTATIVE ARMSTRONG  pointed to the handout,  titled "Sexual                                                               
Violence & Transgender/Non-binary  Communities" [copy included in                                                               
the  committee  packet],  which  reports that  it  is  the  LGBTQ                                                               
community  who faces  discrimination and  violence, and  they are                                                               
not the perpetrators.                                                                                                           
                                                                                                                                
9:05:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS spoke to her  objection to Amendment 1 to HB
99.   She  expressed  the understanding  that  the discussion  is                                                               
happening because of  Bostock v. Clayton County, and  the need to                                                             
extend this protection  of rights.  She argued  that the proposed                                                               
legislation  would not  exclude  anyone  from criminal  behavior;                                                               
however, it would  protect the rights of individuals  to live and                                                               
work in Alaska.  She expressed opposition to the amendment.                                                                     
                                                                                                                                
9:06:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  expressed the understanding  that [from                                                               
December 2020 to]  August 2022 ASCHR was already  taking cases in                                                               
regard  to discrimination  for housing,  finance, and  government                                                               
accommodation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE ARMSTRONG responded in the affirmative.                                                                          
                                                                                                                                
REPRESENTATIVE RUFFRIDGE questioned whether  HB 99 or Amendment 1                                                               
would create a new protected class.                                                                                             
                                                                                                                                
REPRESENTATIVE  ARMSTRONG   responded  in  the  negative.     She                                                               
reminded the  committee that there are  already several protected                                                               
classes, which are: race, religion,  color, national origin, age,                                                               
sex, physical  or mental disability,  marital status,  changes in                                                               
marital  status,  pregnancy, and  parenthood.    She stated  that                                                               
sexual  orientation  and gender  identity  would  fall under  the                                                               
protected class  of sex.  She  stated that this is  not a request                                                               
for "extra, just equal."                                                                                                        
                                                                                                                                
REPRESENTATIVE   RUFFRIDGE  expressed   the  understanding   that                                                               
Amendment 1 would retain the  language of the currently protected                                                               
class of  sex and define  this to include sexual  orientation and                                                               
gender  identity  and expression,  similar  to  the bill  in  its                                                               
original form;  however, the amendment would  limit protection to                                                               
employment  only.    He  questioned whether  the  nature  of  the                                                               
amendment would result in codifying discrimination.                                                                             
                                                                                                                                
9:09:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE stated that  this issue was reviewed during                                                               
the  drafting process  of  the  amendment.   He  stated that  the                                                               
amendment  would  recognize Bostock  v.  Clayton  County, and  it                                                             
would  also recognize  that  President Joe  Biden  had issued  an                                                               
executive  order,  of which  the  U.S.  Supreme Court  placed  an                                                               
injunction  against.   He explained  that  this is  still in  the                                                               
courts, with Alaska  being a party to the lawsuit.   He expressed                                                               
the opinion that this type of  legislation should not be acted on                                                               
because of [the injunction and the impending lawsuits].                                                                         
                                                                                                                                
9:10:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE expressed  the  understanding that  the                                                               
proposed legislation would only affect ASCHR.                                                                                   
                                                                                                                                
MR. CORBISIER responded in the affirmative.                                                                                     
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  clarified that  ASCHR was  taking these                                                               
cases until a certain timeframe.   He expressed the understanding                                                               
that ASCHR  is an organization  which hears from  individuals who                                                               
feel  they  have been  discriminated  against,  and it  does  not                                                               
preclude  criminal activity  on  the  part of  any  person.   The                                                               
proposed legislation  would not create a  protected class, rather                                                               
it   would  allow   ASCHR  to   hear  cases   on  all   types  of                                                               
discrimination.   He expressed concern  that the  amendment would                                                               
narrow  this view,  and those  being discriminated  against would                                                               
not have  an outlet.  He  expressed opposition to Amendment  1 to                                                               
HB 99.                                                                                                                          
                                                                                                                                
REPRESENTATIVE ARMSTRONG commented that  in August 2022, when the                                                               
protections were lifted from ASCHR,  there had not been a request                                                               
to wait for  interpretation of case law, and it  was related that                                                               
statutory action was needed to reinstate ASCHR's protections.                                                                   
                                                                                                                                
9:13:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY  expressed the understanding that  ASCHR has                                                               
not taken a  position on the proposed legislation.   He expressed                                                               
the understanding that during a  meeting one of the commissioners                                                               
had commented about the legislature politicizing the issue.                                                                     
                                                                                                                                
REPRESENTATIVE ARMSTRONG  stated that  the bill was  presented to                                                               
ASCHR last week, and at that time it had not taken a position.                                                                  
                                                                                                                                
REPRESENTATIVE MCKAY remarked that  this is his understanding and                                                               
reiterated  that one  member had  related the  process was  being                                                               
politicized by  the legislature.   He expressed the  opinion that                                                               
if these  protections are already  in some places in  Alaska, the                                                               
bill is unnecessary.   He questioned the number  of incidences of                                                               
discrimination  in other  parts of  the state  which do  not have                                                               
these protections.                                                                                                              
                                                                                                                                
REPRESENTATIVE ARMSTRONG deferred the question.                                                                                 
                                                                                                                                
MR. CORBISIER responded that ASCHR has  not taken a position.  He                                                               
stated that the  bill sponsor presented the bill  during an ASCHR                                                               
meeting the  previous week.   He stated that there  were comments                                                               
made by  commissioners at  the end of  the meeting;  however, the                                                               
commission has not approved the minutes from this meeting.                                                                      
                                                                                                                                
MR.  WALSH   indicated  that  the  document   from  the  Williams                                                               
Institute,  titled  "Employment  Discrimination Based  on  Sexual                                                               
Orientation and Gender Identity in  Alaska" [copy included in the                                                               
committee packet], shows  on page 3 of a 2015  survey a report of                                                               
evidence of discrimination in Alaska.                                                                                           
                                                                                                                                
REPRESENTATIVE ARMSTRONG joined in to  say that people across the                                                               
state  are facing  discrimination.   She  reminded the  committee                                                               
that only first  class cities are able  to pass nondiscrimination                                                               
ordinances; therefore, half of the  state still needs protections                                                               
in place.                                                                                                                       
                                                                                                                                
9:16:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS maintained her objection.                                                                                  
                                                                                                                                
9:17:08 AM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives McCabe  and McKay                                                               
voted in favor  of Amendment 1 to HB 99.   Representatives Mears,                                                               
Ruffridge,   Himschoot,   and   McCormick   voted   against   it.                                                               
Therefore, Amendment 1 failed to be adopted by a vote of 2-4.                                                                   
                                                                                                                                
9:17:51 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
9:17:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE moved  to report  HB 99  out of  committee                                                               
with  individual recommendations  and  the  attached zero  fiscal                                                               
note.                                                                                                                           
                                                                                                                                
9:18:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY objected.                                                                                                  
                                                                                                                                
9:19:07 AM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Himschoot, Mears,                                                               
Ruffridge, and McCormick voted in favor  of the motion to move HB
99  out  of committee  with  individual  recommendations and  the                                                               
attached  zero fiscal  note.   Representatives  McCabe and  McKay                                                               
voted  against it.   Therefore,  HB 99  was reported  out of  the                                                               
House  Community and  Regional  Affairs Standing  Committee by  a                                                               
vote of 4-2.                                                                                                                    
                                                                                                                                
9:19:48 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:19 a.m. to 9:23 a.m.                                                                       
                                                                                                                                
^PRESENTATION(s):  Investing  in  Water/Sewer  Infrastructure  in                                                               
Alaska                                                                                                                          
  PRESENTATION(s): Investing in Water/Sewer Infrastructure in                                                               
                             Alaska                                                                                         
                                                                                                                              
9:23:47 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that the  final order of business would                                                               
be  a   presentation  on  investing   in  the  water   and  sewer                                                               
infrastructure in  Alaska.  [The  presentation is  a continuation                                                               
from the meeting on April 20, 2023.]                                                                                            
                                                                                                                                
9:24:20 AM                                                                                                                    
                                                                                                                                
RANDY  BATES,   Director,  Division   of  Water,   Department  of                                                               
Environmental Conservation (DEC), provided an introduction.                                                                     
                                                                                                                                
9:25:09 AM                                                                                                                    
                                                                                                                                
CARRIE  BOHAN, Facilities  Programs Manager,  Division of  Water,                                                               
resumed  the PowerPoint  presentation on  the Village  Safe Water                                                               
program.   She  noted that  the  committee has  already seen  the                                                               
first  few slides,  and  she  provided a  brief  refresher.   She                                                               
reiterated that  the need for sanitation  improvements [in remote                                                               
Alaska]  has  become  exponentially greater  than  the  available                                                               
funding.      She  suggested   that   because   of  the   federal                                                               
Infrastructure Investment and Jobs  Act (IIJA) there is currently                                                               
funding.  She stated that Alaska  can expect around $2 billion to                                                               
meet these  needs.  She  noted the  funding partners, as  seen on                                                               
slide  3.   She moved  to  slide 4,  which showed  the two  major                                                               
funding  mechanisms, which  are the  Alaska Native  Tribal Health                                                               
Consortium  (ANTHC)  and  Village  Save Water  (VSW).    Slide  5                                                               
featured   a  bar   graph  showing   the   funding  sources   for                                                               
infrastructure projects for the past  eight years.  She noted the                                                               
large amount  of IIJA funding for  2023.  She also  noted that of                                                               
all the  sources only  the Indian Health  Service (IHS)  and U.S.                                                               
Environmental  Protection  Agency  (EPA) are  used  to  determine                                                               
eligibility  for  projects.     She  moved  to   slide  6,  which                                                               
identified  the  underserved  and   unserved  communities.    She                                                               
explained the  meaning of  "underserved."   She then  pointed out                                                               
the communities  which remain unserved.   She proceeded  to slide                                                               
7, which explained the average Village Safe Water project.                                                                      
                                                                                                                                
9:31:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  requested  clarification  on  the  current                                                               
funding situation.                                                                                                              
                                                                                                                                
MS.  BOHAN  expressed  the  understanding  that  the  $1  million                                                               
estimate is  higher than it has  been in the past  because of the                                                               
difficulty in  serving certain system  locales [seen on  slide 6]                                                               
and inflation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  MEARS stated  she  had worked  for  ANTHC in  the                                                               
past, and it had not spent this amount of funding per home.                                                                     
                                                                                                                                
REPRESENTATIVE  MCCABE stated  that he  disagreed.   He discussed                                                               
the  high  expenses  he  saw  27 years  ago  when  aircraft  were                                                               
required to  transport the material to  build the infrastructure.                                                               
If  a community  is not  on the  road system,  he suggested  that                                                               
transportation is the majority of the cost.                                                                                     
                                                                                                                                
9:34:17 AM                                                                                                                    
                                                                                                                                
MS.   BOHAN  continued   the  presentation   and  addressed   the                                                               
eligibility  requirement for  villages to  receive funding.   She                                                               
reiterated that the need is "great"  while the funding is "not so                                                               
great."   She  stated  that  every project  has  a direct  health                                                               
benefit to the  community, so every need  is compelling; however,                                                               
meeting all the  needs is not possible.  She  addressed the tools                                                               
used to assess  which project will receive  funding and explained                                                               
that historically the  RUBA assessment tool has  been used, which                                                               
relied  on communities  meeting certain  metrics.   She explained                                                               
that  because  using  this  tool was  very  time  consuming,  and                                                               
federal funding  usually has a  five-year life span,  the process                                                               
had  to  be changed.    She  explained  that  the RUBA  tool  was                                                               
modified  into  the  Operations and  Maintenance  Best  Practices                                                               
tool.   She discussed the  reasoning and benefit  concerning this                                                               
tool, as seen  on slide 8.  She emphasized  that this tool offers                                                               
opportunities for incremental improvements,  as opposed to an all                                                               
or none  opportunity for a  project.  She discussed  the capacity                                                               
assessment  for  drinking  water,  which is  based  on  the  Safe                                                               
Drinking Water Act.   She added that there has  been an awareness                                                               
on not creating  new burdens of requirements  for communities, so                                                               
many  of the  criteria are  based on  things the  communities are                                                               
already required to do.                                                                                                         
                                                                                                                                
9:38:12 AM                                                                                                                    
                                                                                                                                
MS. BOHAN, in  response to a committee question,  stated that the                                                               
letter referenced  was from St.  Paul.   She stated that  DEC has                                                               
had several conversations  on the concerns voiced  in the letter,                                                               
and  modifications have  been made  over  time.   She offered  to                                                               
provide more  information on  this topic.   In order  to evaluate                                                               
the effectiveness of the tool,  she expressed interest in hearing                                                               
from  communities.    She  stated   that  a  program  to  receive                                                               
community input will be launched in the very near future.                                                                       
                                                                                                                                
MS. BOHAN pointed  out that communities are not  only given their                                                               
eligibility  score, but  also, they  are provided  information on                                                               
what can be done to  meet the eligibility requirements to receive                                                               
funding.  She  continued speaking about the  details of community                                                               
scoring  for eligibility.   Further  addressing the  scoring, she                                                               
pointed out the scoring matrix on  slide 9.  She added that prior                                                               
to project  funding, a community  must have an  approved planning                                                               
document.   The  document must  provide all  the alternatives  to                                                               
solving  the  identified  problem.   She  further  discussed  the                                                               
requirements  for this  document and  added that  communities are                                                               
given help in developing a plan.                                                                                                
                                                                                                                                
MS.  BOHAN, in  response  to a  committee  question, stated  that                                                               
"sustainability"  means  a  community's ability  to  continue  to                                                               
operate any new sewage plant or wellhouse into the future.                                                                      
                                                                                                                                
MS.  BOHAN  continued the  slide  and  discussed the  tool  which                                                               
assesses the  current burden of  the user rate on  homeowners, as                                                               
well as  the socio-economic  factors; in  other words,  what will                                                               
community members  "have to  give up  in order  to pay  for their                                                               
user rates."                                                                                                                    
                                                                                                                                
9:46:50 AM                                                                                                                    
                                                                                                                                
MS.  BOHAN,  in  response  to  a  committee  question,  expressed                                                               
uncertainty on any  way to share the burden across  the state for                                                               
the exorbitant prices of the  water systems in rural communities.                                                               
She expressed  the understanding that some  communities provide a                                                               
different rate  for the Tribal Elders;  therefore, each community                                                               
has the ability to set its own rate.                                                                                            
                                                                                                                                
MR. BATES, in  response to a committee  question concerning DEC's                                                               
goal on water systems in  rural communities, stated that specific                                                               
to  the  Safe Drinking  Water  Act,  DEC  has the  obligation  to                                                               
evaluate the  capacity of a community.   He pointed out  that the                                                               
[Operations and  Maintenance Best Practices]  capacity assessment                                                               
tool is  the predictor  of a community's  ability to  operate the                                                               
infrastructure  safely and  sustainably.   He  explained that  if                                                               
billions of  dollars in  federal funding with  a state  match are                                                               
going  to  be  spent  to  build a  treatment  facility  and  pipe                                                               
service,  at  the  point  construction  is  completed,  then  the                                                               
community  is  responsible  as  the owner  and  operator  of  the                                                               
facility.  He  stated that the community must be  able to operate                                                               
the system safely, delivering drinking  water and treating sewage                                                               
for the residents.   He advised that communities need  to be able                                                               
to maintain  this for  decades, and this  is the  connection with                                                               
DEC,  [and why  it supplies  the capacity  assessment tool].   He                                                               
added that there are certain  federal programs pertaining to this                                                               
the  DEC implements.   In  response to  a follow-up  question, he                                                               
expressed some disagreement on why  DEC should not be responsible                                                               
for  water management  systems.   He argued  that clean  drinking                                                               
water is  paramount to all  residents of  the state, and  this is                                                               
DEC's mission, to  protect human health and the  environment.  He                                                               
stated that DEC  is implementing the federal law to  do this, and                                                               
the assessment  of doing this  with the scoring tool  is crucial.                                                               
He discussed  this in  further detail, and  he offered  to report                                                               
back to the legislature the results of the tools used.                                                                          
                                                                                                                                
9:56:57 AM                                                                                                                    
                                                                                                                                
MS. BOHAN, in  response to a committee question,  stated that the                                                               
47 communities in  the state who do not have  safe drinking water                                                               
were identified on  slide 6.  She stated that  presently ASTHC is                                                               
using IHS  funding to  look at  piped services  to each  of these                                                               
communities.  She  added that IIJA funding is  going through IHS,                                                               
so there  is funding for  this without considering  a community's                                                               
future  capacity.   She  stated  that  VSW  did not  receive  any                                                               
funding through IIJA,  but it will help  administer the projects.                                                               
In  response to  a follow-up  question, she  replied that  all of                                                               
these communities  have at  least a  washeteria and  some treated                                                               
water which  can be hauled  to homes.  There  is also a  place to                                                               
dispose of waste.  She added  that these 47 communities lack full                                                               
service for  both drinking  and waste  water.   In response  to a                                                               
committee  comment,  she  stated  that  the  Village  Safe  Water                                                               
statute defines  eligibility, so  there are communities  that are                                                               
not eligible  for VSW  funding; however, many  of these  would be                                                               
eligible  for  the  VSW's  revolving loan  fund,  which  is  also                                                               
receiving IIJA funding.  She added that there are also                                                                          
communities who may be eligible but have never pursued funding.                                                                 
                                                                                                                                
10:00:38 AM                                                                                                                   
                                                                                                                                
CHAIR MCCORMICK stated that the presentation will be continued                                                                  
at a future date.                                                                                                               
                                                                                                                                
10:01:21 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community and Regional Affairs Standing Committee meeting was                                                                   
adjourned at 10:01 a.m.                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
DEC VSW Overview HCRA 04.20.23.pdf HCRA 4/20/2023 8:00:00 AM
HCRA 4/25/2023 8:00:00 AM
HCRA 5/2/2023 8:00:00 AM
DEC
HB 99 Letters of Opposition as of 1400 4.21.23.pdf HCRA 4/25/2023 8:00:00 AM
HB 99
HB 99 Letters of Support as of 1400 4.21.23.pdf HCRA 4/25/2023 8:00:00 AM
HB 99
HB99 Ver B Supporting Document-Williams Institute UCLA Study 4.18.2023.pdf HCRA 4/25/2023 8:00:00 AM
HB 99
HB 99 Letters of Support as of 0930 4.24.23.pdf HCRA 4/25/2023 8:00:00 AM
HB 99
HB99 ver B Supporting Document-National Sexual Violence Resource Center 4.17.2023.pdf HCRA 4/25/2023 8:00:00 AM
HB 99
DEC RUBA Scoring chignik-spring-2023.pdf HCRA 4/25/2023 8:00:00 AM
DEC
HB 99 Ver B CRA PPT-UPDATED 4.24.2023.pdf HCRA 4/25/2023 8:00:00 AM
HB 99